Oklahoma House of Representatives
November 21, 2003
FOR IMMEDIATE RELEASE

Contact: State Rep. Mike O'Neal
Capitol: (405) 557-7317
Enid: (580) 234-8509

By MIKE W. RAY
House Media Division Director
OKLAHOMA CITY -- A ban against gay marriages would be imprinted in the state Constitution under legislation proposed by a GOP lawmaker. Rep. Mike O'Neal on Friday asked the House legal staff to draft a measure for consideration during the Second Regular Session of the 49th Legislature that will convene next Feb. 2.

His "Defense of Marriage Act" will propose a referendum on a constitutional amendment that would expressly define a marriage as the union of one man and one woman

O'Neal, R-Enid, acknowledged that his proposal is a direct response to a recent ruling that sparked a national controversy. The Massachusetts Supreme Judicial Court decreed Tuesday that the Massachusetts Constitution guarantees homosexual couples in the Bay State the right to marry.
"I believe marriage was established as the best arrangement to organize and protect humanity, and to create and rear children," said O'Neal, a father of three. "History, logic, and the American Heritage Standard Dictionary define marriage as the legal union between a man and a woman. The Oklahoma Constitution should do no less."

The issue of marriage between members of the same sex has been taken up by other state courts and by the U.S. Congress.

Connecticut and Arizona courts previously ruled against gay marriages. Hawaii's Supreme Court opened the door to same-sex marriages in 1993; however, O'Neal recalled, Hawaii voters slammed the door shut again in 1998 with a constitutional amendment ensuring marriage is reserved for couples of the opposite sex.

In 1996, Congress passed and then-President Clinton signed the Defense of Marriage Act, which defined marriage as a
"union between one man and one woman" and allowed states to ignore any same-sex marriage from another state.

The Oklahoma Legislature reacted quickly that year with Senate Bill 73 by Rep. Raymond L. Vaughn, Jr., and then-Sen. Howard Hendrick. That bill declared, "A marriage between persons of the same gender performed in another state shall not be recognized as valid and binding in this state as of the date of the marriage." Then-Gov. Frank Keating signed
the bill. As a result, Oklahoma is one of 37 states that prohibit recognition of marriages between gay couples.

O'Neal noted that his proposed constitutional provision would have more legal authority than the existing statute.

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